What does Equal Opportunity/Affirmative Action Employer mean exactly? As a practical matter, it means little. EVERY company is required to follow all applicable laws (although some of the employment laws only apply to employers of a particular size, such as more than 15 or more than 50 employees).
The main law governing Sabbath observance is Title VII of the federal civil rights act of 1964. That law applies to companies that employ 15 or more employees, and prevents discrimination based on race, color, national origin, sex, or religion. Not allowing employees to observe the Sabbath can be considered discrimination based on religion, in violation of Title VII, although there are a number of defenses available to employers. The main one for Sabbath observences is that an employer is not required to allow employees to observe the Sabbath if doing so would be an "undue burden." Whether or not it would be an undue burden depends on the size of the employer's work force, the way it schedules employees, and the like. Also, if the company is unionized, an employer need not violate the collective bargaining agreement's scheduling and seniority provisions in order to accommdate a Sabbatarian.
Some state laws also provide greater or different protections. Guide to Equal Employment Opportunity Rules
Train throughout your company to stay on track
By Holly Ocasio Rizzo
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Everything you do involving personnel, from advertising a job opening to saying goodbye, is governed by equal employment opportunity laws. It's a big field, including anti-discrimination laws covering race, ethnicity, gender, age, ability and family status. The best approach is prevention of possible violations. To do this, take three key actions:
Know the at least the basics of equal employment opportunity law, maintain a library in which to look up specifics, and call on legal advisers when you're not sure.
Train employees to prevent EEO violations, such as harassment of other employees.
Let your staff know that you not only follow the law but also embrace it.
Action Steps
The best contacts and resources to help you get it done
Know their rights 鈥?and yours
It's important to know what you need to do to comply with EEO laws and when you may be exempt. For state compliance rules, check with your state's labor department.
I recommend: The U.S. EqualEmployment Opportunity Commission maintains Web pages specifically covering small-business owners' concerns.
Train your management
The government and private training companies can help you become adept at handling EEO issues.
I recommend: The EEOC Training Institute offers manuals, on-site training and seminars around the nation. ELT 鈥?Employment Law Learning Technologies provides online training programs in harassment, hiring and termination, and general EEO issues.
Teach your employees, too
Informed employees will know they can bring compliance problems to you for solution.
I recommend: The Training Network sells harassment-prevention employee-training videos and DVDs in English or Spanish. Employee University has employee and manager versions of its videos, which include same-sex harassment as a topic.
Show them you embrace diversity
Don't just follow the law; let employees throughout the company know you've caught the spirit of valuing a diverse workforce.
I recommend: In addition to maintaining a resume database, Equal Opportunity Publications Inc. publishes such magazines as Workforce Diversity, Woman Engineer, Minority Engineer and Careers & the DisAbled.
Tips & Tactics
Helpful advice for making the most of this Guide
Age discrimination is the most common complaint filed with the Equal Employment Opportunity Commission.
Avoid screening job applicants on the basis of previous salary; doing so could be interpreted as age discrimination.
When screening anyone for hiring, promotion or any other employment-related purpose, stay within the law by focusing on that person's abilities.
Employers must make reasonable accommodations for employees covered by the Americans with Disabilities Act (ADA), but they are not forced to do so if it would cause financial hardship.
Substance abuse is considered a disability under the ADA; employees can be disciplined for poor work habits, but not because of the addiction.
The law allows hiring only a man or only a woman under special circumstances called bona fide occupational qualifications (BFOQs). However, it has been argued the only undisputed BFOQs are a wet nurse and a sperm donor. That means that they hire minorities and try to maintain a balance based on race.
It means that whites get passed over for jobs and preference is given to minorities,
Has nothing to do with the Sabbath. Currently in the U.S. no employer can discriminate against a citizens right to religious freedom.
The EEOC (Equal Employment Opportunity Commision) enforces the federal laws protecting peoples religious freedom in the workplace, that includes Sabbath observance. As long as it does not create "undue hardship" for the employer under Title VII of the Civil Rights Act of 1964. |
